DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SUN
Docket No: 02120-09
27 August 2009
This is in reference to your application for correction of your
‘naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records,. sitting in executive session, considered your
application on 25 August 2009. Your allegations of error and
injustice were reviewed in accordance with administrative —
regulations and procedures applicable to the proceedings of this
Board, Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies. In addition, the Board considered the advisory
opinion furnished by Headquarters Marine Corps, dated 23 June
2009, a copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
In this regard, the Board substantially concurred with the
comments contained in the advisory opinion. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
lo Nea’
W. DEAN PREIN
Executive Di
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
‘> QUANTICO, VA-22134-5103 IN REPLY REFER TO:
1800
MMSR-5
23 Jun 09
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR ADVISORY OPINION IN THE CASE OF FORMER STAFF SERGEANT
Ref: (a} Chairman BCNR ltr TRG:jdh Docket No: 02120-09 of
16 Mar 09
1. Per the reference, requests an advisory opinion on former.
oat 5 Per petition to adjust the point total on |.
anniversary years ending 31 October 1996,. 31 October 1997 and 31
October 1998. Adjustment of these years will aid former iia
@apenmmas i) is retirement from the United States Naval
Reserve.
2 . Former (ee WH asserts points were adjusted in the
anniversary years iisted in paragraph (1) with no justification
provided to him for the movement and cost him 2 satisfactory years
towards a reserve retirement.
3. Leave and Earnings Statements (LES) were ordered and received
from the Defense Finance and Accounting Service (DFAS) Cleveland.
The documentation received was insufficient and did not aliow for
a proper accounting of former s_@iiiiil Wes service. This
Headquarters is therefore unable to confirm or deny former Staff
i Me assertion.
4. ‘Based on the above, this Headquarters recommends former Staff
Cm etN oe ition to move points not receive favorable
consideration.
5. Point, of contact is Major Fenton at (703) 784-9306.
4m Maree
HANSCOM
mead, Separation and
Retirement Branch
* By direction of the Commandant
‘e of the Marine Corps
os
< 1 m7
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